Opinion
October 29, 1990
Appeal from the Supreme Court, Kings County (Pesce, J.).
Ordered that the judgment is affirmed.
At trial, the defendant did not request a jury instruction on the defense of intoxication and its effect on intent. Therefore, the defendant failed to preserve this issue for appellate review (see, CPL 470.05). Reversal is not warranted in the exercise of our interest of justice jurisdiction since there was insufficient evidence of the defendant's intoxication for a reasonable person to entertain doubt as to the element of intent (see, People v. Perry, 61 N.Y.2d 849).
We have examined the defendant's remaining argument that the prosecutor's alleged misconduct requires reversal of the judgment of the conviction, and find it to be without merit (see, People v. Crimmins, 36 N.Y.2d 230; People v. Galloway, 54 N.Y.2d 396). Mangano, P.J., Thompson, Sullivan and Rosenblatt, JJ., concur.